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STATE EX REL. ENK v. MENTKOWSKI

Nos. 75-238, 75-239.

76 Wis.2d 565 (1977)

252 N.W.2d 28

STATE EX REL. ENK, and others, Appellants, v. MENTKOWSKI, and others, Respondents. ENK, and others, Appellants, v. MENTKOWSKI, and others, Respondents.

Supreme Court of Wisconsin.

Decided March 29, 1977.

Attorney(s) appearing for the Case

For the appellants there was a brief by Gimbel, Gimbel & Reilly, and oral argument by Richard E. Reilly, all of Milwaukee.

For the respondents the cause was argued by Theophilus C. Crockett, assistant city attorney, with whom on the brief was James B. Brennan, city attorney.

HANLEY, J.

This appeal presents three issues:

1. Upon appeal from a decision of the Board of Fire and Police Commissioners under sec. 62.13 (5) (i), Stats., is the circuit court authorized to consider a claim that the Board applied an incorrect theory of law?

2. Should the trial judge have treated the appellants' appeal under sec. 62.13 (5) (i) as certiorari proceedings?

3. Did the trial court err...

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